PC Resolution-09-04-28-02PC RESOLUTION NO. 09-04-28-02
CONTROLARCHITECTURAL ..... (AC) 09-007
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA APPROVING A NEW 7,216 SF. STRUCTURE WHICH
WILL HOUSE 15 SERVICE BAYS, OFFICES AND TOOL AND PARTS STORAGE ON A
7.02 ACRE PARCEL LOCATED AT 33555 CAMINO CAPISTRANO, GENERALLY
LOCATED ON THE WEST SIDE OF CAMINO CAPISTRANO BETWEEN AVENIDA
AEROPUERTO AND STONEHILL DRIVE., MORE SPECIFICALLY REFERRED TO AS
APN 121-240-19 (WESLEOH NISSAN)
WHEREAS, Weseloh and Sons Chevrolet owner of real property described
as Assessor Parcel Number 121-240--19 located at 33555 Camino Capistrano, San Juan
Capistrano
WHEREAS, John Morgan, representative of Wesloh and Sons Chevrolet has
requested approval of Architectural Control (AC) 09-007 to allow a new 7,216 sf. structure
which will house 15 service bays, an offices and tool and parts storage on a 7.02 acre
parcel located at 33555 Camino Capistrano, generally located on the west side of Camino
Capistrano between Avenida Aeropuerto and Stonehill Drive., more specifically referred to
as APN 121-240-19 and is General Plan -designated Quasi Industrial and classified as
Commercial Manufacturing on the Official Zoning Map; and,
WHEREAS, the proposed project has been processed pursuant to Section 9-
2.301, Development Review of the Land Use Code; and,
WHEREAS, the Environmental Administrator has reviewed the project
pursuant to Section 15061 of the California Environmental Quality Act (CEQA) and
determined that the project qualifies for a Class 3 categorical exemption, and will cause the
Notice of Exemption to be posted pursuant to Section 15061(d) of the CEQA Guidelines
which provides that "the notice shall not be filed with OPR or the county clerk until the
project has been approved;" and, Whereas, the Planning Commission has considered the
Environmental Administrator , s determination pursuant to Section 15074 of the California
Environmental Quality Act (CEQA), has considered all project environmental
documentation and technical studies ; and,'
WHEREAS, the Planning Commission conducted a duly -noticed public
hearing on April 28, 2009 pursuant to Title 9, Land Use Code, Section 9-2.335, City
Council Policy 5, and Planning Department Policy 510 to consider public testimony on the
proposed project and has considered all relevant public comments.
NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of
the City of San Juan Capistrano does hereby make the following findings:
PC Resolution 09-04-28-02 2 April 28, 2009
The proposed project is located in the Commercial Manufacturing zone district and
meets or exceeds all applicable development standards. Further the proposed
addition does not create a deficit in parking and still retains it's conformance with the
Municipal Code. The proposed site is not located within a specific plan or
comprehensive development plan. Therefore, because the project is consistent with
the applicable base and supplemental district standards and is not subject to
specific plan or comprehensive development plan, it is found to be consistent with
Title 9 Land Use Code of the San Juan Capistrano Municipal Code; and,
2. The property is located within the Quasi Industrial General Plan Designation. This
designation provides for various types of commercial uses, including vehicle sales.
The Quasi Industrial Designation allows for a maximum FAR of 0.40:1 and an
average FAR of 0,30:1, the proposed project would have a FAR of 0.18:1. The
proposed project is in fill development that is architecturally consistent with the
existing building's onsite. Because the proposed project's use, FAR, and design are
consistent with the applicable goals, policies, and objectives of the applicable
elements of the General Plan, it is found to be consistent with the General Plan;
and,
3. The subject property is 7.02 acres and is a rectangular shape. The proposed site
plan demonstrates that all necessary setbacks are maintained. Additionally the
internal circulation effectively provides safe vehicular and pedestrian paths of travel.
The parking of the facility provides adequate storage and display areas, as well as
parking for employees and customers. Because the proposed site plan
demonstrates that all parking, setback, and circulation requirements are adhered to,
the site is found to be adequate in size and shape; and,
4. The function of the proposed structure is for storage and maintenance. The Design
Guidelines requires that all such facilities should not be located near or oriented to
residential areas and are concealed from public view. The proposed location of the
service and storage building is not located near or directed to residential
development. The nearest residential is located approximately 1,302 feet across
San Juan Creek and approximately 1,000 feet north and is buffered by several
existing dealerships. Further the proposed structure is located behind an existing
building and is extensively screened from public areas, additional landscaping to be
planted further reduces any potential impacts; and,
5. The proposed site plan has been reviewed by the City's Traffic engineer during the
March 18, 2009 Development Advisory Board, and found no significant impacts
however the potential for issues related to loading and unloading vehicles did
present somewhat of an impact that requires a condition of approval requiring that
all such activities be located internal to the site. Further the proposed structure's
location does not create a fire lane issue as the structure is located a minimum of
twenty feet from the other buildings. Pedestrian access and circulation is functional
and safe and minimizes risks between vehicular and pedestrian traffic. Because the
PC Resolution 09-04-28-02 3 Aril 28, 2009
proposed site plan provides safe and functional access and circulation for
pedestrians and vehicular traffic it is found to satisfy this finding, and,
6. The surrounding existing land uses are of vehicle sales and large retail sales facility.
The proposed surrounding land uses would be composed primarily of the Lower
Rosan site, which is to be developed as a retail facility. The proposed use of a
vehicle repair facility directly connected to an existing car dealership is consistent
with these uses. Further the proposed height and massing of the structure is inline
with the existing development. Through the use of the same building material and
colors as well as finishing elements the proposed structure is architecturally
consistent with the existing dealership buildings. Because the proposed use and
design are consistent with surrounding existing and proposed uses and design, the
proposed structure is found to satisfy this finding.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano hereby approves the project subject to
those conditions of approval established by Exhibit A, attached hereto and incorporated
herein.
EFFECTIVE DATE & FINAL APPROVAL: This project approval shall
become effective following expiration of the fifteen (15) day appeal period without filing of
an appeal application. The appeal period shall expire at 5:00 p.m; Wednesday May 13,
2009 This project approval shall be valid for a period of two years from the date of approval
of this resolution, and shall expire on <month day, and year> unless a time extension
request or building/grading permit application related to this discretionary approval is
submitted to the City prior to that date.
PASSED, APPROVED AND ADOPTED this 28 day of April, 2009, by the
following vote, to wit:
AYES: Chairman Cohen, Commissioners Kerr, Tartarian, Mocalis, and Neely
NOES:
I i i
ABSENT: Vice Chairwoman Ratcliffe and Commissioner Williams
Sheldon Cohen, Chairman
Q
Grant Taylor, A stant Community Development
Director
RESOLUTION # 09-04-28-02
X01,11 I pikil Colislolljr-11 ZT617 1
PROJECT LOG #: Architectural Control (AC) 09-007
PROJECT NAME: Weseloh Nissan
APPROVAL DATE: April 28, 2009
EFFECTIVE DATE: May 13, 2009
These conditions of approval apply to the above -referenced project application described in
more detail below. For the purpose of these conditions, the term "applicant" shall also mean the
developer, the owner or any successor(s) in interest to the terms of this approval.
General Conditions:
The subject project proposes a new 7,216 sf. structure which will house 15
service bays, an offices and tool and parts storage on a 7.02 acre parcel
located at 33555 Camino Capistrano, generally located on the west side of
Camino Capistrano between Avenida Aeropuerto and Stonehill Drive.,
more specifically referred to as APN 121-240-19 and is General Plan -
designated Quasi Industrial and classified as Commercial Manufacturing
on the Official Zoning Map. This project approval is based on and subject to
the application materials prepared by Rick Guina dated and revised April 23,
2009 including site plan(s), building elevation(s), floor plan(s), and preliminary
landscape plan(s). These plans and the proposed use of the project site are
hereby incorporated by reference into this approval as submitted and conditioned
herein, and shall not be further altered unless reviewed and approved by the
affected city departments. Minor modifications to this project approval may be
approved by the Community Development Director pursuant to Section 9-2.303,
Administrative approvals of Title 9, Land Use Code,
2. Approval of this application does not relieve the applicant from complying with
other applicable Federal, State. County or City regulations or requirements.
3. All plans, specifications, studies, reports, calculations, maps, notes, legal
documents, and designs shall be prepared, stamped and signed, if required, only
by those individuals legally authorized to do so.
4. The applicant shall defend, indemnify, and hold harmless the City of San Juan
Capistrano and its officers, employees, and agents from and against any claim,
action, or proceeding against the City of San Juan Capistrano, its officers,
employees, or agents to attack, set aside, void, or annul any approval or
condition of approval of the City of San Juan Capistrano concerning this project,
including but not limited to any approval or condition of approval of the City
Council, Community Development Commission, or City Planner. The City shall
promptly notify the applicant of any claim, action, or proceeding concerning the
project and the City shall cooperate fully in the defense of the matter. The City
Resolution #09-04-28-02 Conditions of Approval
AC 09-007 Weseloh Nissan Page 2 of 4
reserves the right, at its own option, to choose its own attorney to represent the
City, its officers, employees, and agents in the defense of the matter.
5. The applicant shall be responsible for informing all subcontractors, consultants,
engineers, or other business entities providing services related to the project of
their responsibilities to comply with these conditions of approval and all pertinent
requirements in the San Juan Capistrano Municipal Code, including the
requirement that a business license be obtained by all entities doing business in
the City.
6. _ Sign approval for the project is a separate process requiring the issuance of a
sign permit and building permits, and is subject to review and approval by the
Community Development Department and Building and Safety Department.
7. _ In the event that exhibits and written conditions are inconsistent, the written
conditions shall prevail. If there are any disparities between these conditions and
the plans or final revised plans that are approved for any subsequent phase, the
conditions and/or plans as stipulated in the later approval shall prevail.
8. The use shall meet the standards and shall be developed within the limits
established by the Municipal Code as related to emissions of. noise, odor, dust,
vibration, wastes, fumes, or any public nuisances arising or occurring incidental
to the establishment or operation.
9. The applicant shall pay all fees at the time fees are determined payable and
comply with all requirements of the applicable federal, state, and local agencies.
The duty of inquiry as to such requirements shall be upon the applicant.
10. All applicable approvals and clearance from other departments and agencies
shall be on file with the Building and Safety Department prior to issuance of any
permits, final inspections, utility releases and/or release of securities, as specified
in these conditions. (B&S)
11. All vehicle repair and related services shall be limited to internal areas and shall
not extend into open areas.
The following conditions shall be completed prior to or in conjunction with the issuance
of building permits:
12. Lot Line. --Ad
justment. Prior to the submission of plans for plan check with the
Community Development Department, Planning Division the applicant shall file
for a lot line adjustment. Prior to the issuance of any building permit said lot line
adjustment shall be approved and filed.
13. Applicable Codes. Prior to issuance of building permits, plans for this project shall
be submitted to the Building and Safety Department for review and approval, and
shall comply with the latest City -adopted edition of the applicable building codes.
(B&S)
14. _ Building Construction Plans. Prior to issuance of building permits, the applicant
shall submit final construction plans, building elevations and floor plans to the
Building and Safety Department for review and approval by all applicable
departments. Such plans shall be fully dimensioned and in substantial
conformance with those plans approved by the Community Development
Commission, Design Review Committee, and/or Community Development
Director (as applicable). Plans shall address the following: (CD)
Resolution #09-04-28-02 Conditions of Approval
AC 09-007 Weseloh Nissan Page 3 of 4
a. The final conditions of approval shall be incorporated into the construction
plans and shall be reproduced on the front page of the construction plans.
b. Location and method of screening for all roof -mounted and building -mounted
equipment shall be demonstrated on the elevations, including but not limited
to kitchen exhaust vents, air conditioning and heating units, utility boxes, and
backflow devices. All equipment shall be screened from public view and
designed to be an integral component of the building design. All roof -mounted
equipment shall be screened from view by parapet walls or other architectural
means. The applicant shall demonstrate to the satisfaction of the City Planner
that no roof -mounted equipment will be visible from the public right-of-way.
Screening shall be compatible with main structures and include landscaping
where appropriate,
c. Elevations shall note that all exterior exposed gutters and downspouts must
be painted to match the surface to which they are attached.
d. Location of all building -mounted light fixtures shall be shown on the
elevations. A detail of said fixtures shall be shown on the elevations, and
fixtures shall be decorative and complementary to the building architecture.
15. _ Vehicle Loading/Unloading. Prior to the issuance of building permits the applicant
shall provide a written description delineating the procedures of loading and
unloading of vehicles. All activities shall be limited to areas on site.
16. _ OCFA Review of Architectural Building Plans. Prior to the issuance of a building
permit, the applicant shall submit architectural plans for the review and approval
of the Fire Chief if required per the "Orange County Fire Authority Plan Submittal
Criteria Form.' Please contact the OCFA at (714) 573-6100 for a copy of the
Site/Architectural Notes to be placed on the plans prior to submittal. (OCFA)
The following conditions and requirements shall be met continuously during
construction, following issuance of any grading & building permits and prior to
issuance of any occupancy permits:
17. _ Compliance with approved plans. At all times during construction, the applicant
shall ensure compliance with approved construction mitigation plans, including:
(PW -ENG)
a. Erosion Control Plan
b. Haul Route Plan
c. Traffic Control Plan
d. Construction Debris Recycling Plan
e. Temporary Use Permit for construction trailer and staging areas. (CD)
18. Pre -construction Meeting. Contractor shall attend a pre -construction meeting with
the Building and Safety Division prior to commencement of any construction on
the site. (PLN-B&S)*
19. Drainage Problems. During the entire grading a construction operation, the
applicant shall adhere to the following conditions to address unforeseen drainage
issues. (PW -ENG)
a. If any drainage problem is identified or does occur during construction, the
applicant shall provide and implement a solution acceptable to the City
Resolution #09-04-28-02 Conditions of Approval
AC 09-007 Weseloh Nissan Page 4 of 4
Engineer at no cost to the City, and submit a recorded instrument to insure the
future of the solution. (PW -ENG)
b. Any grading work beyond the limits of grading shown on the approved grading
plans shall require a written approval from the City Engineering and Building
Director and shall be subject to supplemental Geotechnical Soils Report and
additional fees. (PW -ENG)
20. Waste Disposal and Sanitation. At all times during construction, the applicant
shall maintain adequate sanitary disposal facilities and solid waste disposal
containers on site. The accumulation of refuse and debris constituting a public
nuisance is not permitted. (PW -ENG)
21. Construction hours. Construction hours shall be limited to 7:00 a.m. to 6.30:00
p.m., Monday through Friday and between 8:30 a.m. and 4:30 p.m. on Saturday.
Construction activity shall not be permitted on Sundays or any Federal
holiday.(CD)
22. Temporary Use,Permit. Applicant shall obtain a Temporary Use Permit for any
construction trailer and staging areas for equipment and materials. (CD)
The following ongoing conditions shall be complied with at all times after completion of
the project.
23. Business License. The applicant, tenants, or successors in interest shall comply
with the City's business license requirements. (CD)
24. Site Maintenance. The applicant shall maintain all portions of the site, including
undeveloped areas, pursuant to Municipal Code requirements for property
maintenance. (CD)
25. Noise. The applicant shall ensure that noise levels do not exceed levels
permitted by Section 9-3.531. Noise standards (residential and non-residential) of
the Municipal Code. (CD)
26. Future Parking Demand. In the event that future land uses require additional
parking; the applicant must obtain the necessary land use approval that
demonstrates that sufficient parking is being provided for all land uses within the
building or on the property. (CD)
Responsible Agencies: CD: Community Development Department
CD-B&S: Community Development -Building & Safety
PW -ENG Public Works -Engineering Division
UTIL: Utilities Department
OCFA: Orange County Fire Authority
Appiica t A ceptance of Conditions of Approval:
La i r
Lo
Applican n tore Date
Applicant's name (print)